It’s been well documented in these pages that male lawyers in Texas are a little rough around the edges, and many of them seem virtually incapable of getting along with their female counterparts. To that end, some of them have threatened to enlarge opposing counsels’ assholes, and others have used terms of endearment like “c*nt,” “flat-chested bitch,” and “dumb sh*t” when referring to women colleagues.
With that as a backdrop, it’s no wonder that even more colorful allegations are coming out as a result of a small-firm breakup in Texas. Sure, the defendant in this case may have allegedly “emptied” the firm’s bank account before she left for her new firm, but perhaps she had a good reason to do so.
You’d probably want to take the money and run too if your partner was allegedly sexually harassing female employees and “requesting sex for favorable treatment” within the firm….
Why did we expect fireworks from discovery? Because of the lurid nature of Marchuk’s allegations, including severe sexual harassment and (effectively) sexual assault, and because of the Faruqi firm’s aggressive response, which included suing Marchuk for defamation and claiming that it was Marchuk who was obsessed with Monteverde.
But it wasn’t just another “he said, she said” type of situation. Both sides claimed that third-party witnesses and contemporaneous documents would corroborate their respective and conflicting accounts.
Discovery is now underway in the case. Witnesses have been deposed, and documents have been produced. What kind of portrait do they paint?
Should the parties choose to string this case out to trial on the merits, the Court encourages reasonable discovery intercourse as they navigate the peaks and valleys of litigation, perhaps to reach a happy ending.
– Chief Judge Fred Biery of the Western District of Texas, denying a preliminary injunction sought by strip club owners in San Antonio who are challenging city regulations that would require bikini tops instead of pasties to avoid stringent licensing requirements.
(The Chief Judge produced over seven pages of genius double entendre. Check out the full opinion, which he entitled “THE CASE OF THE ITSY BITSY TEENY WEENY BIKINI TOP V. THE (MORE) ITSY BITSY TEENY WEENY PASTIE,” after the jump….)
Here is an excerpt from Manhertz v. State, handed down on October 9 by the Georgia Court of Appeals:
Specifically, Joyner explained that she met a dancer at a strip club, who went by the stage name Paradise. After a brief conversation, Paradise asked Joyner how she was employed, and Joyner informed her that she worked as an assistant manager at an apartment complex. Paradise responded by informing Joyner that she had a friend named Kane, who would pay $1,000 for tenants’ names, social-security numbers, driver’s-license numbers, and copies of signed checks. Joyner agreed to do so and later provided Paradise with the requested information. However, Joyner asserted that she was never paid any money. And although Joyner claimed that she went back to the strip club on one or two occasions in an attempt to collect the promised payment, she was unable to find Paradise — no doubt finding little comfort in the axiom that “solitude sometimes is best society.” [FN2]
* In light of Chief Justice Roberts’s historic vote to uphold Obamacare, should we expect JGR to be more liberal going forward? According to Jeffrey Toobin, author of The Oath (affiliate link), “Do not expect a new John Roberts. Expect the conservative he has always been.” [Talking Points Memo via How Appealing]
* “[A]ny robot or high school graduate can calculate numbers in a matrix to arrive at the highest possible sentence. But it takes a Judge — a man or woman tempered by experience in life and law — to properly judge another human being’s transgressions.” [Justice Building Blog]
Happy Tuesday, Above the Law readers. I hope you had a lovely weekend, spent staring deeply into someone’s eyes over a candlelight dinner, or rubbing up against a hard-bodied young thing on a dance floor, or fighting the cold by cuddling on the couch, or — if you live in Florida — doing all those things and more with your favorite barnyard animal for the very last time (legally).
If you had a romance-free weekend, do not despair. Dating sucks sometimes — especially when it’s a date set up by a legal blogger with no particular aptitude for matchmaking. Last week, I thought I had actually done a decent job. I sent two Washington, D.C. lawyers out to Eighteenth Street Lounge on a Thursday night. Halfway through the date, the dude sent me an email, “Going really well so far.”
“I finally have one that’s going well,” I enthused to my boyfriend. “Doubtful,” he responded. “If he’s excited enough to send a mid-date email, that probably means you set him up with someone who’s totally out of his league.”
I should mention that one of the things that I like in a partner is their being slightly more perceptive than me….
OmniVere’s delivery of end-to-end technology & data consulting to position the company as a true differentiator in the global legal technology and compliance space.
CHICAGO, IL, September 29, 2014 – OmniVere today announced the creation of the company’s technology & data consulting arm and the addition of several industry-renown experts, including the former co-chairs of Berkeley Research Group’s (BRG’s) Technology Services practice, Liam Ferguson, Rich Finkelman and Courtney Fletcher.
This new consulting practice will provide and expand existing OmniVere eDiscovery consulting services to corporations, law firms and government agencies with a special focus on compliance, information governance and eDiscovery. This addition of this top talent now positions OmniVere as a true industry leader in the technology and data consulting space offering best-in-class end-to-end services.
Ferguson, Finkelman & Fletcher are nationally recognized experts and seasoned veterans in the areas of overall technology, electronic discovery, and structured data. At OmniVere, the team will be focused on all global consulting activities with respect to legal compliance, complex data analytics, business intelligence design and analysis, and electronic discovery service offerings.
The Trust Women conference is an influential gathering that brings together global corporations, lawyers and pioneers in the field of women’s rights. Unlike many other events, Trust Women delegates take action and forge tangible commitments to empower women to know and defend their rights.
This year, the Trust Women conference will take place 18-19 November in London. From women’s economic empowerment to slavery in the supply chain and child labour, this year’s agenda is strong and powerful. Speakers include Professor Muhammad Yunus, Nobel Laureate and founder of the Grameen Bank; Phumzile Mlambo-Ngcuka, Executive Director of UN Women; Mary Ellen Iskenderian, President and CEO of Women’s World Banking and many other influential leaders. Find out more about Trust Women here.